House Adopts Proposal To Change Act On ACB Appointments

The National Assembly has adopted a motion that seeks to amend section 5 (1) of the Corrupt Practices Act with resistance from Government side.

The motion which came under Private Members' Business was moved by Honorable Member for Lilongwe South West, Peter Chakhwantha proposing amendement of the section so that powers to appoint and fire Anti-Corruption Bureau’s Director General and its deputy be moved to the Parliament and not the President as it has been long practice.

Chakhwantha moved that “In order to ensure total independence and tenure of office of the Director and Deputy Director of the Anti Corruption Bureau ACB, this House resolves that an Amendment Bill to amend Section 5 (1) of the Corrupt Practices Act be drafted forthwith and presented for consideration in this House by the mover of the Motion in liaison with the relevant competent experts before the end of the Meeting specifically the Bill must amend Section 5 (1) of the cited Act to provide for the appointment of both the Director and Deputy Director by the Public Appointments Committee of Parliament based on merit and through an open recruitment process and that the Director be reporting and answerable to Parliament through the Public appointments Committee”

The motion got overwhelming support by most opposition parties and some independent legislatures whilst Government side opposed any alteration of the provision.

There was also division of votes which lead to the row call where each member of parliament was voting if they want mover of the motion to continue to windup his motion or not. The Government benches voted no while the opposition members voted yes. But at the end of this voting opposition won with 75 votes while Government side got 67 votes and there were 51 absentees.

Speaking in  an interview after the motion was adopted the mover, Honorable Peter Chakhwantha said was excited at last that the process to the independence of the Anti-Corruption Bureau has begun.

“The motion was all about trying to help the members of staff of Anti-Corruption Bureau particularly starting from the top to the bottom. We know that since 2005 this country enacted the law to establish an office which is supposed to be a watchdog over all government institutions and private individuals is issues of embezzlement. 

We know that corruption is evil, but the only way we can manage eradicate corruption is by driving the change. Having worked with ACB before, I came to their conviction that we need to start with creating room for the Director and Deputy Director then to the rest of members to feel and independent working environment. 

He said he in consultation with other opposition parties including his party, Malawi Congress Party (MCP) are ready to make the drafting of the amendment bill before the rise of this 2nd Meeting of the 46th Session of National Assembly.

“So what has happened is that the members of the August House have agranted me as a mover of the motion and those who are willing to help me to come up with an amended bill so that we are able to proceed with such an amendment to have the Director of ACB to be reporting to Parliament instead of current scenario where he reports to President as well as to be appointed by the Public Appointment Committee so that even his job security is well secured." He said 

"You have witnessed a number of times where president come in and fire Director of ACB simply because they feel he is not one of their own, so with this motion we feel we must protect ACB and make it absolutely independent.” added Chakhwantha